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The U.S. Department of Labor’s Wage and Hour Division today announced a Final Rule to revise the definition of spouse under the Family and Medical Leave Act of 1993 (FMLA) in light of the United States Supreme Court’s decision in United States v. Windsor, which found section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional. The Final Rule amends the definition of spouse so that eligible employees in legal same-sex marriages will be able to take FMLA leave to care for their spouse or family member, regardless of where they live. More information is available at the Wage and Hour Division’s FMLA Final Rule Website.

2014

October 1, 2014

The U.S. Department of Labor’s Wage and Hour Division today announced that it will publish a Final Rule to establish standards and procedures for implementing and enforcing the minimum wage protections of Executive Order 13658. More information is available at the Wage and Hour Division’s E.O. 13658 Website.

July 8, 2014

On July 8, 2014, the U.S. Department of Labor’s Wage and Hour Division published a notice to extend the comment period on the Notice of Proposed Rulemaking (NPRM) to establish standards and procedures for implementing and enforcing the minimum wage protections of Executive Order 13658 through July 28, 2014.

The U.S. Department of Labor’s Wage and Hour Division today announced a Notice of Proposed Rulemaking (NPRM) to revise the definition of spouse under the Family and Medical Leave Act of 1993 (FMLA) in light of the United States Supreme Court’s decision in United States v. Windsor, which found section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional. The NPRM proposes to amend the definition of spouse so that eligible employees in legal same-sex marriages will be able to take FMLA leave to care for their spouse or family member, regardless of where they live. More information is available at the Wage and Hour Division’s FMLA NPRM Website (June 20, 2014).

June 19, 2014

As part of its continuing efforts to provide stakeholders with assistance implementing the Home Care Final Rule, the department has issued two pieces of guidance that will help employers of home care workers determine their obligations under the Fair Labor Standards Act. A new Administrator's Interpretation and revised Fact Sheet will help public entities and private agencies that administer or participate in a consumer-directed, Medicaid-funded home care program evaluate whether they may be joint employers under the Act. View the Guidance

June 12, 2014

The U.S. Department of Labor’s Wage and Hour Division today announced that it will publish a Notice of Proposed Rulemaking (NPRM) to establish standards and procedures for implementing and enforcing the minimum wage protections of Executive Order 13658. More information is available at the Wage and Hour Division’s E.O. 13658 NPRM Website.

March 27, 2014

On March 27, 2014, the U.S. Department of Labor’s Wage and Hour Division issued Administrator’s Interpretation No. 2014-1 and accompanying Fact Sheet #79G regarding the application of the Fair Labor Standards Act (FLSA) to home care services provided through shared living arrangements, including adult foster care and paid roommate situations. The guidance documents are available at http://www.dol.gov/whd/homecare/shared_living.htm.

March 13, 2014

On March 13, 2014, President Obama signed a Presidential Memorandum directing the Department of Labor to update the regulations defining which white collar workers are eligible to receive pay for hours worked over 40 in a workweek. For more information, please visit www.dol.gov/whd/overtime/presmemo.htm.

2013

September 17, 2013

The U.S. Department of Labor’s Wage and Hour Division announced a final rule today extending the Fair Labor Standards Act’s minimum wage and overtime protections to most of the nation’s direct care workers who provide essential home care assistance to elderly people and people with illnesses, injuries, or disabilities. This change, effective January 1, 2015, ensures that nearly two million workers – such as home health aides, personal care aides, and certified nursing assistants – will have the same basic protections already provided to most U.S. workers. It will help ensure that individuals and families who rely on the assistance of direct care workers have access to consistent and high quality care from a stable and increasingly professional workforce.

To help families, other employers, and workers understand the new requirements, the Department will be hosting five public webinars during the month of October and has created a new, dedicated web portal at dol.gov/whd/homecare with fact sheets, FAQs, interactive web tools, and other materials.

July 9, 2013

As part of the 75th Anniversary of the Fair Labor Standards Act, the U.S. Department of Labor’s Wage and Hour Division is calling for innovative minds to develop a smartphone application that informs consumers on proper business practices including compliance in fair and equal pay for workers. The DOL Fair Labor Data Challenge is to create a smartphone app that integrates the department’s publicly-available enforcement data with consumer ratings websites, geopositioning sites, and other relevant data sets, such as those available from state health boards. Press Release, Blog Post, Fair Labor Data Challenge at Challenge.gov

The U.S. Department of Labor’s Wage and Hour Division (WHD) has today issued the following guidance and resources for the government contracting community:

WHD has issued All Agency Memorandum (AAM) No. 212 that clarifies the application of the Davis-Bacon Act (DBA) to survey crew members who may be employed as laborers or mechanics on projects subject to the DBA labor standards provisions. In the AAM, WHD clarifies that survey crew members are included in the definition of laborers and mechanics under the DBA based on a review of WHD’s historical record on this issue and as well as WHD’s review of information indicating that the composition and work of field survey crews have evolved with new technology that field surveyors use in their work. This clarification takes effect upon issuance of the AAM and applies to current and future contracts subject to the DBA.

WHD has issued All Agency Memorandum (AAM) No. 213 to better reflect our regulatory requirements and to support improvements in the wage determination process overall. AAM No. 213 clarifies the “conformance” process and application of the Davis-Bacon Act (DBA) requirement that wage rates for additional classifications, when “conformed” to an existing wage determination, bear a “reasonable relationship” to the wage rates in that wage determination. This procedure better reflects our regulatory requirements and supports improvements in the wage determination process overall.

The Wage and Hour Division’s Construction Survey website has been redesigned and revised to provide greater transparency and more information about the survey process. Revisions include enhanced navigation of the site, more detailed information on survey schedules, general information about the survey process, and a list of points of contacts for obtaining information. (March 22, 2013)

February 5, 2013

The U.S. Department of Labor’s Wage and Hour Division will publish a Final Rule to implement statutory amendments to the Family and Medical Leave Act of 1993 (FMLA). The final rule expands the military family leave provisions and incorporates a special eligibility provision for airline flight crew employees, as well as making some additional regulatory changes. More information is available at the Wage and Hour Division’s FMLA Final Rule Website (February 5, 2013).

February 4, 2013

The Department of Labor released findings of a survey titled Family and Medical Leave Act in 2012: Final Report which shows that FMLA continues to make a positive impact on the lives of workers without imposing an undue burden upon employers and employers and employees alike find it relatively easy to comply with the law. For more information and survey results, please visit http://www.dol.gov/whd/fmla/survey/.

January 14, 2013

The Wage and Hour Division issued an Administrator Interpretation providing guidance on the definition of “son or daughter” under the Family and Medical Leave Act (FMLA) as it applies to an individual 18 years of age or older and incapable of self-care because of a mental or physical disability.
FMLA AI 2013-1, Fact Sheet, FAQs

This Bulletin provides guidance to WHD staff about certain enforcement issues with voluntary assignment of wages under the H-2A (Temporary Agricultural Employment of Foreign Workers) program. For further explanations of prohibited deductions under the H-2A program, see Field Assistance Bulletin 2011-2, H-2A “Prohibited Fees” and Employer’s Obligation to Prohibit Fees: http://www.dol.gov/whd/FieldBulletins/fab2011_2.htm.

April 26, 2012

The Department of Labor will withdraw its proposed rule dealing with children under the age of 16 who work in agricultural vocations. The decision to withdraw this rule — including provisions to define the 'parental exemption' — was made in response to thousands of comments expressing concerns about the effect of the proposed rules on small family-owned farms. To be clear, this regulation will not be pursued for the duration of the Obama administration. Instead, the Departments of Labor and Agriculture will work with rural stakeholders — such as the American Farm Bureau Federation, the National Farmers Union, the Future Farmers of America, and 4-H — to develop an educational program to reduce accidents to young workers and promote safer agricultural working practices.
Press Release.

April 13, 2012

On April 13, 2012, the Department published a
notice to extend the comment period
on the Notice of Proposed Rulemaking (NPRM) to implement and interpret statutory amendments to expand the military family leave provisions and to incorporate a special eligibility provision for airline flight crew employees and make some additional regulatory changes. The Family and Medical Leave Act (FMLA) was recently amended to expand the military family leave provisions and to incorporate a special eligibility provision for airline flight crew employees. Because of the interest that has been expressed and the department’s desire to obtain as much information about its proposal as possible, the comment period has been extended through April 30. To view the proposed rule and submit comments, visit the federal e-rulemaking portal at http://www.regulations.gov and search by regulation identification number 1235-AA03.

The U.S. Department of Labor's Wage and Hour Division (WHD) has released a “Know Your Rights” video series in English and Spanish to provide workers with useful basic information in different scenarios that workers encounter in the workplace. The videos provide valuable basic information to correct common misinformation, such as what the federal minimum wage is; when overtime pay is due; when an employer has to pay an employee; whether off the clock work is compensable or not; who is an employee and who is an independent contractor; what rights young workers have; whether seasonal workers are subject to wage and hour laws or not; and how and what is needed to file a complaint with WHD.

On February 24, 2012, the Department published a notice to extend the comment period on the notice of proposed rulemaking that would provide minimum wage and overtime protections for nearly two million workers who provide in-home care services for the elderly and infirm to March 12, 2012, because of requests received to extend the period for filing public comments and the Department's desire to obtain as much information about its proposals as possible.
On March 13, 2012, the Department published a notice to extend the comment period until March 21, 2012. Comments received between December 27, 2011, the date of publication of the NPRM, and March 21, 2012 will be included in the rulemaking record.

The U.S. Department of Labor's Wage and Hour Division has published
a notice to extend the comment period
on the notice of proposed rulemaking that would provide minimum wage and overtime protections for nearly two million workers who provide in-home care services for the elderly and infirm. Because of requests received to extend the period for filing public comments and the Department’s desire to obtain as much information about its proposals as possible, the comment period has been extended to March 12, 2012. More information is available at the
Proposed Rule Website.

February 21, 2012

The U.S. Department of Labor's Employment and Training Administration and Wage and Hour Division issued a
Final Rule
on the H-2B program that amends its regulations governing the certification of the employment of nonimmigrant workers performing temporary or seasonal non-agricultural labor or services and the enforcement of the obligations applicable to employers under the H-2B program. This Final Rule revises the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status. The final rule also introduces new regulations that provide increased worker protections for both U.S. and foreign workers. More information is available at
the Final Rule Website.

February 15, 2012

The Family and Medical Leave Act (FMLA) was recently amended to expand the military family leave provisions and to incorporate a special eligibility provision for airline flight crew employees. The U.S. Department of Labor’s Wage and Hour Division has published a Notice of Proposed Rulemaking (NPRM) to implement and interpret statutory amendments to expand the military family leave provisions and to incorporate a special eligibility provision for airline flight crew employees and make some additional regulatory changes.

Interested parties are invited to submit written comments on the proposed rule on or before April 16, 2012 at
www.regulations.gov.

On February 21, 2012 the U.S. Department of Labor's Employment and Training Administration and Wage and Hour Division will issue a
Final Rule
on the H-2B program that amends its regulations governing the certification of the employment of nonimmigrant workers performing temporary or seasonal non-agricultural labor or services and the enforcement of the obligations applicable to employers under the H-2B program. This Final Rule revises the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status. The final rule also introduces new regulations that provide increased worker protections for both U.S. and foreign workers. More information is available at the Final Rule Website.

February 1, 2012

The U.S. Department of Labor's Wage and Hour Division will re-propose the portion of its regulation on child labor in agriculture interpreting the "parental exemption." The decision to re-propose is in part a response to requests from the public and members of Congress that the agency allow an opportunity for more input on this aspect of the rule.

On September 2, 2011, the Department published a notice of proposed rulemaking to revise the child labor regulations issued pursuant to the Fair Labor Standards Act which sets forth the criteria for the employment of minors under 16 years of age in agriculture. The Department's proposed revisions include implementing specific recommendations made by the National Institute for Occupational Safety and Health, increasing parity between the agricultural and nonagricultural child labor provisions, and also addressing other areas that can be improved, which were identified by the Department’s own enforcement actions.

January 30, 2012

The Family and Medical Leave Act (FMLA) was recently amended to expand the military family leave provisions and to incorporate a special eligibility provision for airline flight crew employees. The U.S. Department of Labor announced that the Wage and Hour Division intends to publish a
Notice of Proposed Rulemaking (NPRM) to implement and interpret statutory amendments to expand the military family leave provisions and to incorporate a special eligibility provision for airline flight crew employees and make some additional regulatory changes.

Upon publication of the notice, interested parties will be invited to submit written comments on the proposed rule at
www.regulations.gov.
Only comments received during the comment period identified in the Federal Register published version of the Notice of Proposed Rulemaking will be considered part of the rulemaking record.

The U.S. Department of Labor’s Wage and Hour Division has published a
notice of proposed rulemaking that would provide minimum wage and overtime protections for nearly two million workers who provide in-home care services for the elderly and infirm. The proposal will revise the companionship and live-in worker regulations under the Fair Labor Standards Act to more clearly define the tasks that may be performed by an exempt companion, and to limit the companionship exemption to companions employed only by the family or household using the services. In addition, the Department proposes that third party employers, such as in-home care staffing agencies, could not claim the companionship exemption or the overtime exemption for live-in domestic workers, even if the employee is jointly employed by the third party and the family or household.

Interested parties are invited to submit written comments on the proposed rule on or before February 27, 2012 at
www.regulations.gov.

The White House announced that the U.S. Department of Labor’s Wage and Hour Division intends to publish a notice of proposed
rulemaking that would provide minimum wage and overtime protections for nearly two million workers who provide in-home care services for the elderly and infirm. The proposal will revise the companionship and live-in worker regulations under the Fair Labor Standards Act to more clearly define the tasks that may be performed by an exempt companion, and to limit the companionship exemption to companions employed only by the family or household using the services. In addition, the Department proposes that third party employers, such as in-home care staffing agencies, could not claim the companionship exemption or the overtime exemption for live-in domestic workers, even if the employee is jointly employed by the third party and the family or household.

Interested parties are invited to submit written comments on the proposed rule on or before February 27, 2012 at www.regulations.gov.

The U.S. Department of Labor’s Wage and Hour Division has published a
notice to extend the
comment period
on the notice of proposed rulemaking to revise the child labor regulations
for young workers employed in agriculture. Because of requests received to extend the period
for filing public comments and the Department’s desire to obtain as much information about its
proposals as possible, the comment period has been extended to December 1, 2011.

September 2, 2011

The U.S. Department of Labor’s Wage and Hour Division has published a notice of proposed rulemaking
to revise the child labor regulations issued pursuant to the Fair
Labor Standards Act which sets forth the criteria for the employment of minors under 16 years of age in
agriculture. The Department's proposed revisions include implementing specific recommendations
made by the National Institute for Occupational Safety and Health, increasing parity between the
agricultural and nonagricultural child labor provisions, and also addressing other areas that
can be improved, which were identified by the Department’s own enforcement actions. Interested
parties are invited to submit written comments on the proposed rule on or before November 1, 2011 at www.regulations.gov.

August 29, 2011

For those individuals impacted by Hurricane Irene, WHD is providing a webpage to provide some basic resources to ensure that in this critical time individuals are paid properly for work they perform and receive the job-protected leave they are entitled. Visit the WHD Hurricane Irene Pay and Leave Webpage.

The U.S. Department of Labor today announced the launch of its first
application for smartphones, a timesheet to help employees independently track the hours they work and determine the wages they are owed. Available in English and Spanish, users conveniently can track regular work hours, break time and any overtime hours for one or more employers. This new technology is significant because, instead of relying on their employers’ records, workers now can keep their own records. This information could prove invaluable during a Wage and Hour Division investigation when an employer has failed to maintain accurate employment records.

The free app is currently compatible with the iPhone and iPod Touch. The Labor Department will explore updates that could enable similar versions for other smartphone platforms, such as Android and BlackBerry, and other pay features not currently provided for, such as tips, commissions, bonuses, deductions, holiday pay, pay for weekends, shift differentials and pay for regular days of rest.

For workers without a smartphone, the Wage and Hour Division has a printable work hours calendar in
English and
Spanish to track rate of pay, work start and stop times, and arrival and departure times. The calendar also includes easy-to-understand information about workers’ rights and how to file a wage violation complaint.

April 28, 2011

The U.S. Department of Labor today announced protocols to complete the portion of the U-Visa Nonimmigrant
Status Visa application that requires certification by a law enforcement agency that the visa applicant
is a victim of a qualifying crime and is willing to cooperate with law enforcement in the investigation
and prosecution of that crime. U visas, as they are known, are designed to help victims of qualifying
criminal activities who have suffered substantial physical or mental abuse. Individuals who receive U
visas may remain in the United States for up to four years and may eventually apply for permanent residency.
View the Protocols.

April 5, 2011

The Wage and Hour Division has published a final rule to revise regulations pursuant to the Fair Labor Standards
Act of 1938 (FLSA) and the Portal-to-Portal Act of 1947 (Portal Act) that have become out of date because of
subsequent legislation. These revisions conform the regulations to FLSA amendments passed in 1974, 1977,
1996, 1997, 1998, 1999, 2000, and 2007, and Portal Act amendments passed in 1996. For more information,
see the final rule.
See FLSA Provision Webinar.

2010

December 21, 2010

Request for Information on Break Time for Nursing Mothers
, Federal Register 75: 80073-80079, (2010, December 21):
This notice is a request for information from the public regarding the recent amendment to the
FLSA that requires employers to provide reasonable break time and a place for nursing mothers
to express breast milk for one year after the child’s birth. The Department seeks information
and comments for its review as it considers how best to help employers and employees understand
the requirements of the law. For more information, see the Nursing Mothers Web page.

November 23, 2010

The Wage and Hour Division (WHD) and the American Bar Association have announced an
unprecedented collaboration providing for an Attorney Referral System.
Beginning on December 13, 2010, when FLSA or FMLA complainants are informed that the
Wage and Hour Division is declining to pursue their complaints, they may also
be given a toll-free number to contact the newly created ABA-Approved Attorney Referral System.
In addition, WHD will also provide prompt
relevant information and documents on the case to complainants and representing
attorneys. Please visit the Attorney Referral System Webpage
for more information on this collaboration.

July 15, 2010

The Wage and Hour Division has posted a new fact sheet that provides
general information on the break time requirement for nursing mothers in
the Patient Protection and Affordable Care Act (“PPACA”), which took effect
when the PPACA was signed into law on March 23, 2010 (P.L. 111-148).
This law amended Section 7 of the Fair Labor Standards Act (FLSA).
Read the new Fact Sheet #73: Break Time for Nursing Mothers under the FLSA.
The Wage and Hour Division will issue additional guidance on the break time requirement in the near future.

June 22, 2010

The Wage and Hour Division issued an Administrator Interpretation clarifying the definition of
"son and daughter" under the Family and Medical Leave Act to ensure that an employee who assumes
the role of caring for a child receives parental rights to family leave regardless of the legal
or biological relationship. FMLA AI 2010-3, Press Release

The Wage and Hour Division has issued information to ensure that workers participating in the response and clean-up of the oil spill in the Gulf of Mexico are paid properly for the work they perform. For general
information on how to file a complaint, see http://www.dol.gov/wecanhelp/howtofilecomplaint.htm

The Wage and Hour Division has posted general information to help determine whether interns must be paid the minimum wage and overtime under the Fair Labor Standards Act for the services that they provide to “for-profit” private sector employers.

March 24, 2010

In order to provide meaningful and comprehensive guidance and outreach to the broadest number
of employers and employees, the Wage and Hour Administrator will issue Administrator
Interpretations when determined,
in the Administrator’s discretion, that further clarity regarding the proper interpretation
of a statutory or regulatory issue is appropriate. Administrator Interpretations will set
forth a general interpretation of the law and regulations, applicable across-the-board to
all those affected by the provision in issue. Guidance in this form will be useful in
clarifying the law as it relates to an entire industry, a category of employees, or to
all employees. The Wage and Hour Division believes that this will be a much more efficient
and productive use of resources than attempting to provide definitive opinion letters in
response to fact-specific requests submitted by individuals and organizations, where a
slight difference in the assumed facts may result in a different outcome. Requests for
opinion letters generally will be responded to by providing references to statutes, regulations,
interpretations and cases that are relevant to the specific request but without an analysis of
the specific facts presented. In addition, requests for opinion letters will be retained for
purposes of the Administrator’s ongoing assessment of what issues might need further
interpretive guidance.

The Department of Labor published a notice of proposed rulemaking (NPRM) under Executive
Order 13495, Nondisplacement of Qualified Workers Under Service Contracts. Once
Department of Labor and the Federal Acquisition Regulatory Council regulations under
Executive Order 13495 take effect, employees on federal service contracts and
subcontracts of $100,000 or more will generally be entitled to an offer of
employment on the contract or subcontract if it is awarded to a successor
and the work is to be performed in the same location.
Read the NPRM.

February 12, 2010

The Department’s Employment and Training Administration and Wage and Hour Division published final rules implementing changes to the H-2A program.
The final rule is effective March 15, 2010.
Click here
for the Final Rule.

The U.S. Department of Labor published a notice of proposed rulemaking to
amend the regulations
governing the certification for temporary employment of nonimmigrant workers in agricultural
occupations on a temporary or seasonal basis, and the enforcement of contractual obligations
applicable to employers of such nonimmigrant workers. Interested persons are invited to submit
written comments on the proposed rulemaking on or before October 20, 2009 (comment period extended from October 5, 2009) at
www.regulations.gov.
Until such time as a new final rule is promulgated, the regulations which became effective on
January 17, 2009 remain in effect.

July 24, 2009

The U.S. Department of Labor’s Wage and Hour Division reminds employers and employees
that the federal minimum wage increases to $7.25 on Friday, July 24, 2009.
With this change, employees who are covered by the federal Fair Labor Standards Act
will be entitled to be paid no less than $7.25 per hour. This increase is the last of three provided
by the enactment of the Fair Minimum Wage Act of 2007.
A revised federal minimum wage poster
is now available for viewing, downloading, and posting.
Every employer of employees subject to the Fair Labor Standard Act’s minimum wage provisions must post,
and keep posted, a notice explaining the Act in a conspicuous place in all of their establishments
so as to permit employees to readily read it.

July 17, 2009

The Wage and Hour Division posted information intended
to answer some of the most frequently asked questions that
have arisen when private and public employers require
employees to take furloughs and to take other reductions in
pay and /or hours worked as businesses and State and local
governments adjust to economic challenges.
Information on Furloughs and
Other Reductions in Pay

May 29, 2009

The Wage Hour Division (WHD) has released guidance concerning implementation of Section 1606 of
the American Recovery and Reinvestment Act of 2009 ("ARRA"), which provides for application of Davis-Bacon labor standards to
certain federal and federally-assisted construction work funded in whole or in part under provisions of ARRA.
In addition, WHD has launched a new Web page with ARRA-related compliance information.

May 29, 2009

The Department is publishing a
final rule suspending the H–2A Final Rule published on December 18,
2008 and in effect as of January 17, 2009. To ensure continued functioning
of the H–2A program, the Department is republishing and reinstating the
regulations in place on January 16, 2009 for a period of 9 months, after
which the Department will either have engaged in further rulemaking or lift
the suspension. The suspension is effective June 29, 2009.

March 17, 2009

The U.S. Department of Labor published
a notice (PDF)
seeking comments on a proposal to suspend for 9 months the H-2A regulations,
which became effective on January 17, 2009, that amended the rules governing
the certification for temporary employment of nonimmigrant workers in agricultural
occupations on a temporary or seasonal basis, and the enforcement of contractual
obligations applicable to employers of such nonimmigrant workers. Interested
persons are invited to submit written comments on the proposed suspension
on or before March 27, 2009. Click
here for the Final Rule (PDF).

2008

December 19, 2008

The U.S. Department of Labor’s Wage and Hour Division published a final
rule (PDF) revising
regulations under the Davis-Bacon and related Acts and the Copeland Anti-Kickback
Act to discontinue the weekly reporting of certain employee personal information
on certified payrolls. The final rule is effective on January 18, 2009.

December 19, 2008

The U.S. Department of Labor’s (DOL) Employment and Training Administration,
in concurrence with the Wage and Hour Division, published a final
rule (PDF)
to modernize procedures for issuing H-2B labor certifications, including
procedures the Department will institute pursuant to an agreement with the
Department of Homeland Security delegating H-2B enforcement to DOL. The
final rule is effective on January 18, 2009.

December 18, 2008

On December 18, 2008, the Department published a Final Rule implementing
changes to the H-2A Program. The final rule is effective January 17, 2009.
Click
here for the Final Rule (PDF).

November 17, 2008

The Department of Labor's Wage and Hour Division published a Final
Rule under the Family and Medical Leave Act. The final rule becomes
effective on January 16, 2009, and updates the FMLA regulations to implement
new military family leave entitlements enacted under the National Defense
Authorization Act for FY 2008. It also includes revisions in response to
public comments received on the proposed rule issued in February 2008. The
Federal Register Notice and related documents are available at Wage and
Hour's FMLA Final Rule website.

October 20, 2008

The Department of Labor's Wage and Hour Division published a Notice
of Proposed Rulemaking (NPRM) that seeks to revise regulations issued
pursuant to the Davis-Bacon and Related Acts and the Copeland Anti-Kickback
Act to better protect the personal privacy of laborers and mechanics employed
on covered construction contracts. Interested parties are invited to submit
their public comments by November 19,
2008, according to the instructions
in the NPRM.

August 22, 2008

The Department of Labor's Wage and Hour Division published a Notice
of Proposed Rulemaking (NPRM) that primarily updates obsolete regulations
to reflect statutory amendments to the Fair Labor Standards Act and the
Portal-to-Portal Act enacted since the rules were originally issued. Additional
revisions would align the regulations with current court interpretations
of the law and provide clarifying guidance to the regulated community. Interested
parties are invited to submit their public comments by September
26, 2008 (extended from September 11, 2008), according to the instructions
in the NPRM. Fact
Sheet.

July 22, 2008

Effective July 24, 2008, the federal
minimum wage for covered non-exempt employees will rise from $5.85 to
$6.55 per hour. This is the second of three increases provided for by the
enactment of the Fair Minimum Wage Act of 2007. A third minimum wage increase
to $7.25 per hour becomes effective on July 24, 2009. Many states
have minimum wage laws with provisions that differ from the federal
law. When an employer is subject to both the federal and state wage laws,
the employer must comply with the provisions of each law.

May 22, 2008

On May 21, President Bush signed the Genetic Information Nondiscrimination
Act of 2008 (GINA). Among other things, GINA amends the Fair Labor Standards
Act by increasing the civil money penalties that may be imposed for child
labor violations resulting in death or serious injury. The legislation raised
the maximum penalty to $50,000 for each violation resulting in the death
of or serious injury to working youth. In cases where the employer's violation
is repeated or willful, the maximum penalty was raised to $100,000.

February 11, 2008

The Department of Labor's Wage and Hour Division published a Notice
of Proposed Rulemaking under the Family and Medical Leave Act. Interested
parties are encouraged to submit comments by 12:00 midnight, April 11, 2008.
The Federal Register Notice, instructions for submitting comments and related
documents are available at Wage and Hour's FMLA
Notice of Proposed Rulemaking website.

January 28, 2008

On January 28, 2008, President Bush signed into law H.R. 4986, the National
Defense Authorization Act for FY 2008 (NDAA). Among other things, section
585 of the NDAA amends the Family and
Medical Leave Act of 1993 (FMLA) to permit a “spouse, son, daughter,
parent, or next of kin” to take up to 26 workweeks of leave to care for
a “member of the Armed Forces, including a member of the National Guard
or Reserves, who is undergoing medical treatment, recuperation, or therapy,
is otherwise in outpatient status, or is otherwise on the temporary disability
retired list, for a serious injury or illness.” Additional information and
a copy of Title I of the FMLA, as amended, are available on the website.

2007

December 27, 2007

In a record-breaking year, WHD collected more than $220 million in back
wages for over 341,000 employees in fiscal year 2007. Back wage collections
exceeded the record levels collected in fiscal year 2003 by 3.8 percent.
The agency concluded 30,467 compliance actions and assessed over $10.3 million
in civil money penalties. 2007 Statistics

October 31, 2007

The Wage and Hour Division will host the Prevailing
Wage Conference 2008 on January 8-10 in New Orleans , Louisiana . The
conference will address issues associated with the administration and enforcement
of the Davis-Bacon Act, McNamara-O’Hara Service Contract Act, and Fair Labor
Standards Act. If you are interested in attending, please email your name,
title, organization, email address, and telephone number to pwc2008@dol.gov.
There is no fee for attending this conference, but space is limited. Upon
receipt of this information, we will advise you whether your request can
be accommodated.

July 3, 2007

A revised federal minimum
wage poster, reflecting the recently enacted minimum wage increases,
is now available for viewing, downloading, and posting. Every employer of
employees subject to the Fair Labor Standard Act’s minimum wage provisions
must post, and keep posted, a notice explaining the Act in a conspicuous
place in all of their establishments so as to permit employees to readily
read it. Additional posters and compliance assistance materials will be
available in the coming weeks.

June 27, 2007

The Department of Labor’s Wage and Hour Division published a Report on the comments
received in response to the Request for Information on the Family and Medical
Leave Act (FMLA). The Federal Register Notices and related documents are
also available on Wage and Hour’s website.

June 14, 2007

The U.S. Department of Labor announced the cancellation of Industry Committee
No. 27, which was convened on May 10, 2007 and was scheduled to meet later
this month. The Committee was discharged following enactment of the U.S. Troop
Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability
Appropriations Act of 2007, which amends the Fair Labor Standards Act (FLSA)
and removes the Labor Department’s authority to convene American Samoa Industry
Committees.

June 1, 2007

On May 25, President Bush signed a
spending bill that, among other things, amended the Fair Labor Standards Act
(FLSA) to increase the federal minimum wage in three steps: to $5.85 per hour
effective July 24, 2007 ; to $6.55 per hour effective July 24, 2008 ; and to $7.25 per hour
effective July 24, 2009 . A separate provision of the bill brings about phased
increases to the minimum wage in the CNMI and American
Samoa, with the goal of bringing the minimum
wage in those locations up to the general federal minimum wage over several
years. Additional materials will be available at this site in the coming weeks.

May 22, 2007

Effective June 1, 2007 a new health and welfare fringe benefit rate will
be implemented on all Service Contract Act Wage Determinations. The Wage
and Hour Division has issued an All Agency Memorandum (HTML, PDF) announcing this update.

May 8, 2007

The Overtime Calculator
elaws Advisor is an Internet-based, interactive learning tool designed
to assist workers and small businesses in understanding overtime principles
by calculating overtime payment for a sample pay period using certain primary
pay and additional pay methods. The Overtime Calculator is a
practical learning tool that provides examples of how overtime should be
computed under some-but not all-scenarios. It will calculate overtime for
a sample pay period, based on information submitted by the users, and will
not replace actual payroll computations. Press Release.

April 17, 2007

The Wage and Hour Division published a Notice of Proposed Rulemaking
(NPRM) and an Advance
Notice of Proposed Rulemaking (ANPRM) to update the youth employment
regulations for the 21st Century. The current proposals strengthen youth
employment regulations to protect against workplace hazards, expand youth
workplace opportunities that have been judged safe and permissible, update
regulations to better reflect the modern workplace, and address recommendations
from the National Institute for Occupational Safety and Health to the hazardous
occupations orders. Interested parties are encouraged to submit comments
for both the NPRM and ANPRM on or before July 16, 2007 . The Federal Register
Notices, instructions and related documents are available at Wage
and Hour’s Youth Employment Comments Website.

April 04, 2007

The Wage and Hour Division will sponsor a series of free H-1B information
seminars across the country. These seminars will assist H-1B employers and
others in understanding and complying with the H-1B program requirements,
application procedures, and worker protections. Detailed information on
these outreach events is available on Wage and Hour’s H-1B outreach event webpage.